Property Management

Property Management

Overview

Cox, Castle & Nicholson has unparalleled expertise on matters of regulatory and compliance issues affecting all aspects of building ownership, management, and operations. We routinely handle all matters related to the ownership and operation of real estate projects, including leasing and property management for all types of retail, office, industrial, and mixed-use projects.

Operational Issues And Obligations

We have extensive experience in negotiating and documenting the agreements necessary to own and operate a wide range of product types, including listing agreements, management agreements, and ground/building/space leases, including build-to-suit, reverse build-to-suit, and shop leases. Our expertise extends to operational and management agreements relating to shopping center, mixed-use, office, and industrial projects.

Financial Issues And Tenant Defaults

We have extensive experience recovering possession of leased premises for the owners of retail, mixed-use, office, and industrial projects. We have developed streamlined procedures to reduce the cost and/or time to recover possession of leased premises following a tenant’s breach of lease. Our attorneys are experienced in resolving (with and without litigation) disputes of all kinds over the payment/nonpayment and collection of rent, breaches of the other terms, covenants and conditions of leases, common law defaults, and issues concerning landlord liability.

Insurance Issues And Risk Management

Our experience in structuring general liability insurance coverage, and in resolving a variety of general liability and other insurance disputes involving commercial projects, is important to our clients. Regardless of the property type, we assist clients in developing risk-management systems and responses to minimize liability. We are experienced in identifying potential risk areas and assisting in establishing effective protections and operating protocols.

Environmental Issues And Obligations

We have developed a comprehensive environmental law practice with tremendous depth of experience in finding creative, business-oriented solutions to complicated environmental problems. We assist property managers in evaluating potential liabilities associated with contaminated property and developing and implementing strategies to control and minimize such liabilities for buyers, sellers, developers, lenders, public entities, landlords, and tenants. For example, we have assisted property owners and managers in managing risk associated with mold, including designing scopes of work to properly assess for the presence of mold, evaluating liability arising out of the presence of mold, and implementing mold remediation programs. We have also developed lease provisions intended to shift risks associated with mold and certain hazardous materials, such as those associated with the operation of a dry cleaning facility. We handle a wide variety of environmental litigation, including cost recovery, administrative and criminal enforcement proceedings, insurance coverage, and Proposition 65 actions. In addition, our attorneys are experienced in obtaining insurance coverage for environmental risks.

Representative Matters

Represented several shopping center developers in the development and leasing of multiple major "big box" local and regional shopping centers including development of CC&Rs and REAs, ground leases, anchor leases, shop space leases, and on-going property management

Represented a management company in dispute with HOA over duty of management company to repair construction defects on decking of 84 high-end condominium units.

Represented property management company in dispute brought by tenant over failure to disclose mold remediation in unit prior to lease execution.

Defended a property management company and homeowners association in a unique federal court disability access case in which the plaintiff/homeowner asserted the right to a dedicated common area parking space.

Represented a comingled investment fund in the negotiation of a joint venture with an operating company in relation to the acquisition and ownership of a $50 million portfolio of West Coast retail, industrial, and residential properties, and negotiated related property management agreements.

Represented a developer in the negotiation of a joint venture with a preferred equity investor in relation to the development and ownership of a 100,000 square foot office building in Santa Clara County, California, and negotiated related development management, asset management, and property management agreements.

Represented the developer in connection with the disposition of a 50% interest in a major regional mall in Southern California and the negotiation of a related joint venture and property management agreement.